Scott Mollen Realty Law Digest
Scott Mollen discusses the land use case "South St. Seaport Coalition v. City of New York," where the court denied a petition challenging development in a historic district.
September 20, 2022 at 01:54 PM
18 minute read
Land Use and PlanningLand Use—South Street Seaport Development May Proceed—Petition Challenging Approvals for a 324 Foot-Tall, 547,000 Square Foot Building Dismissed—Court Denied Objections To Transfer of Air Rights, Development Rights Based On Demapped Streets, Alleged Spot Zoning, Use of Large Scale General Development, Environmental Impact Statement and Definition of a Zoning Lot—Recent Appellate Division Land Use Decisions
This decision involved a hybrid Article 78 Special Proceeding and a CPLR 3001 Declaratory Judgment action. The petitioners sought to prevent a real estate developer from building a 324-foot-tall, 547,000 square-foot building at 250 Water Street, in Manhattan (site). The site is located in the South Street Seaport Historic District (Seaport). The site was "otherwise zoned with a 120-foot height limit and a maximum allowable floor area of 312,000 square feet."
The petitioners alleged that the respondents improperly transferred development rights from Pier 17 to the site. The proposed building (proposal) would be roughly 270% of the maximum height and a 175% of the maximum floor area permitted by the current zoning. Immediately to the southwest of the Seaport, there are "several tall towers." Between 1970 and 1983, the City had demapped certain streets to make them "more pedestrian-friendly."
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